Statutes, codes, and regulations
South Dakota Administrative Rules
Title 67 - Department of Social ServicesArticle 67:48 - Recoveries and investigations
Chapter 67:48:05 - Recoveries - Child care services
Section 67:48:05:08 - Hearing may be held in absence of accused individual - Department to conduct new hearing if good cause found for individual's absence

S.D. Admin. R. 67:48:05:08

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Current through Register Vol. 51, page 57, November 12, 2024
Section 67:48:05:08 - Hearing may be held in absence of accused individual - Department to conduct new hearing if good cause found for individual's absence

If the individual cannot be located or fails to appear at an IPV hearing without good cause, the hearing examiner shall conduct the hearing without the individual being represented. The hearing examiner shall consider the evidence to determine whether an intentional program violation was committed. If the individual is found to have committed an intentional program violation but a hearing examiner later determines that the individual had good cause for not appearing, the previous decision is no longer valid and the department shall conduct a new hearing. The hearing examiner who originally ruled on the case may conduct the new hearing.

If good cause for failure to appear is based on a showing of nonreceipt of the hearing notice, the individual has 30 days after the date of the written notice of the hearing decision to claim good cause. In all other instances, the individual has 10 days from the date of the scheduled hearing to present reasons for failing to appear. The hearing examiner shall enter the good cause decision into the record.

S.D. Admin. R. 67:48:05:08

28 SDR 111, effective 2/20/2002.

General Authority: SDCL 28-1-61.

Law Implemented: SDCL 28-1-61.